Congressional
leftists like Dennis Kucinich and Maxine Waters have falsely claimed
that every war since WWII was an “illegal war.” So when
they accuse their leader Barack Obama of single handedly initiating
an illegal war on Libya, it is like the boy who cried wolf too often.

But
in this case, the always anti-war left has it exactly right, proving
that even the nutty left will get one right sooner or later. Like predicting
rain, sooner or later it will rain and leftists finally find themselves
in a flood.

Hours
after US tomahawk missiles rained down on Libya, I explained in detail
how Barack
Obama had just become a war criminal. Twenty-four hours later, anti-war
Democrats were out in force accusing Obama of launching an illegal war
and they were right this time.

I
also asked where congressional Republicans were on the matter and now
we know. Senators McCain and Graham (a JAG lawyer) are right
where we have become accustomed to finding them, on the wrong side of
the law, the constitution and the nation, running cover for their buddy
Barack.

I
accused Obama of being a traitor, a stooge of the United Nations rather
than a US Commander-in-Chief, and – “one who betrays another's
trust or is false to an obligation or duty” – but not a
single congressional Republican seems to agree.

Instead
of focusing on the fact that Barack Obama had just broken his oath of
office, the War Powers Act and acted way beyond his constitutional authority
at the command of the United Nations alone, Republicans seem only concerned
with helping Obama put that genie back in the bottle after the fact.

A
US president has authority to use military force only under the following
conditions,
none of which exist in the case of Libya, from Section II – C
of the War Powers Act.

(1)
a declaration of war, (which only congress can declare)
(2) specific statutory authorization, (as Bush received
for both Afghanistan and Iraq)
(3) a national emergency created by attack upon the United States,
its territories or possessions, or its armed forces. (As Reagan
used in the 1986 bombing of Libya)

Senator
Obama knew this in 2007, which means that President Obama knowingly
and willfully broke the law in 2011.

The
War Powers Act is entirely clear –

Section
III - “The President in every possible instance shall consult
with Congress before introducing United States Armed Forces into hostilities
or into situations where imminent involvement in hostilities is clearly
indicated by the circumstances, and after every such introduction shall
consult regularly with the Congress until United States Armed Forces
are no longer engaged in hostilities or have been removed from such
situations.”

Despite
the fact that Libya presented no threat to the United States, had not
in any way attacked or provoked the United States or its allies, Obama
decided to act alone without congressional authority.

Democrat
Dennis Kucinich correctly states that a visit with congress now cannot
put that genie back in the bottle. Obama’s illegal actions cannot
be remedied by consulting congress today.

However,
congress can become complicit in Obama’s illegal action by sanctioning
those actions after the crime has already been committed. Congressional
approval after the fact -- would be akin to hiding the bank robber after
the robbery. Every member of congress would become an accomplice to
the crime.

Joint
Chiefs in Deep Water

The
US Military is obligated to follow all “legal” orders of
the Commander-in-Chief, but what about “illegal” or unlawful
orders? The Nuremberg
trials provide foundation…

“It's
clear, under military law, that military members can be held accountable
for crimes committed under the guise of "obeying orders,"
and there is no requirement to obey orders which are unlawful.”
- US
Military Law

However,
as LTC Terry Lakin recently learned the hard way, there are some complicating
interpretations concerning “illegal orders” within the UCMJ
(Uniform Code of Military Justice).

The
UCMJ has recently argued the following, including in the case that landed
LTC Lakin in a military prison - “A military member disobeys such
orders at his/her own peril. Ultimately, it's not whether or not the
military member thinks the order is illegal or unlawful; it's whether
military superiors (and courts) think the order was illegal or unlawful.”
- US
Military Law

On
the authority of the Commander-in-Chief and at the direction of Sec.
of Defense Gates, the Joint Chiefs of Staff represents the “military
superiors” and as such, it is the Joint Chiefs who must decline
to follow orders that they suspect of being unlawful.

Are
the Joint Chiefs familiar with the US Constitution and the fact that
a president cannot use military force without prior authorization from
congress, except in an instance when the USA is under direct attack?

Are
the Joint Chiefs familiar with the War Powers Act of 1973?

We
must assume that they are, for the alternative is simply unthinkable.
As a result, the Joint Chiefs have knowingly and willingly obeyed orders
that they knew to be unlawful, in the case of the ongoing US military
assault on Libya.

This
means that both President Barack Obama and the Joint Chiefs, along with
the head of DOD Gates and Secretary of State Clinton, ALL conspired
to violate the US Constitution and the War Powers Act in their decision
to “go it alone” in Libya without the knowledge and consent
of congress.

There
is no way to put that genie back in the bottle. Congress can only make
itself complicit in these illegal and unconstitutional acts by sanctioning
those acts after the fact.

Every
US soldier currently attacking Libya is doing so on the basis of unlawful
orders and as the UCMJ has established since 2004, many a good soldier
has been court-martialed and jailed for following orders later deemed
by the UCMJ to be “unlawful.”

LTC
Lakin sits in a military prison today because he refused to follow what
he believed to be unlawful orders. But SGT Larry Hutchins sits in a
military prison for the second time now, for following orders later
declared unlawful, by the same command that issued the orders.

Republican
House Rep. Col. Allen West was court-martialed for following orders
in combat.

Nobody
knows the shameful situation our soldiers serve under today better than
West, yet where is West’s call for action against the people who
have placed American soldiers in harm’s way under unlawful orders?

Republicans
seem only concerned with covering Obama’s illegal acts, but in
reality, they cannot cover Obama, Clinton and Gates on this one.

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We
are a constitutional nation of laws or we are a lawless nation headed
for third world banana republic status in a rush. Which is it? Congress
will soon answer this question.

Will
they hold Obama, Clinton and Gates accountable for this illegal war?
Or will they simply act swiftly to sweep it all under the carpet?

The
Constitution and rule of law hang in the balance. How odd that it is
lefty loon Dennis Kucinich who has this one right. Where are all those
“constitutionalists” we elected last November?

All
that is necessary for evil to prevail is for good men to do nothing!

JB Williams
is a business man, a husband, a father, and a writer. A no nonsense
commentator on American politics, American history, and American philosophy.
He is published nationwide and in many countries around the world. He
is also a Founder of Freedom Force USA and a staunch conservative actively
engaged in returning the power to the right people in America.

We must assume that
they are, for the alternative is simply unthinkable. As a result, the
Joint Chiefs have knowingly and willingly obeyed orders that they knew
to be unlawful, in the case of the ongoing US military assault on Libya.